Deng Zhaoxi, the applicant of the proposed mark, dissatisfied with the refusal decision of his mark “裨舒宝”with No.:26896402 in Class 5, entrusted Gaowo to represent its review to the refusal and Gaowo succeeded in safeguarding its legal rights.
The logo of the proposed mark:
The designated products: baby milk; capsules for medicines; milk sugar for pharmaceutical purposes; food for babies; breast-nursing pads; babies' napkin-pants [diaper-pants] / babies' diaper-pants / babies' napkin-pants; mosquito-repellent incense; protein dietary supplements;napkins for incontinents / diapers for incontinents; troche
The trademark office refused the proposed mark based on that the proposed mark, if used as a trademark on the designated products, will mislead the public about the functionality and features of the products, so the proposed mark should not be used as a trademark. But the applicant disagreed on that.
The proposed mark”
” is not an inherent word, nor is it a generic word in the designated products industry but a creative word.
The proposed mark means beneficial and pleasant precious products and is a creative word which is easy to read. And its design concept reflects the applicant hopes to provide healthy and beneficial products for its consumers and hopes its consumers have a relaxed and happy life. The proposed mark integrates the good wishes of the applicant and has high originality.
The function of the products of proposed mark is not relevant to the proposed mark “裨舒宝”, which will not mislead the consumers. And the proposed mark in this case is totally creative and it doesn’t contain any deceptive elements or go beyond the inherent descriptions of the products. The registration of the proposed mark doesn’t meet the consultative requirements of item (7), paragraph 1, article 10 of the Trademark Law, and does not violate the provisions of this article at all.
The applicant used the proposed mark on the products packaging and carried out a lot of publicity and promotion through the publicity of color pages, posters and other ways after which a wide range of reputation and popularity of the proposed mark had been established. And the proposed mark was well-received by consumers.
